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Drug Control Policy in Korea
March 2004
Written by Professor Byung In Cho
Visiting ScholarFrom
The Korean Institute of Criminology
At
The International Centre for Criminal Law Reform and Criminal Justice Policy
We are pleased to share this information with you and encourage you to use thesedocuments for research purposes. Please ensure that all credits are acknowledgedwhen using all or any of the information in these documents. Commercial reproductionis strictly prohibited.
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We are pleased to share this information with you and encourage you to use thesedocuments for research purposes. Please ensure that all credits are acknowledgedwhen using all or any of the information in these documents. Commercial reproductionis strictly prohibited.
Professor Byung In Cho was a Visiting Scholar
from the Korean Institute of Criminology
International Centre for Criminal Law Reform
and Criminal Justice Policy
1822 East Mall, Vancouver
British Columbia, Canada V6T 1Z1 icclr@law.ubc.ca
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Table of Contents
I. Introduction 5
II. Current Drug Situation
1. Overall Trends 6
2. Characteristics of Recent Drug-Related Crimes 7
3. Summary of Drug Trends in 2002 8
4. Popular Drugs during Recent Years 10
5. Korea as a Transit Point 11
III. National Drug Control Strategy
1. Four Goals Stipulated by the Government 12
2. Eradication of Illicit Drug Supply (Goal 1) 115
3. Drastic Reduction in Demand for Drugs (Goal 2) 17
4. Raising Public Awareness about Drug Problems (Goal 3) 19
5. Enhancing International Cooperation (Goal 4) 21
IV. Drug Control Structure
6. National Anti-drug Coordinating Committee 25
7. Public Prosecutors' Office 23
8. National Police Agency 24
9. Other Drug-related Agencies 26
10. Drug-control Measures and Action Plans 27
V. Legislation
1. Act on the Control of Narcotics 28
2. Special Act Against Illicit Drug Trafficking 293. Anti-money laundering Acts 31
VI. International Cooperation
4. Article 64 of the Special Act Against Illicit Drug Trafficking 34
5. Signing Drug-related International Conventions and Treaties 35
6. ADLOMICO 36
7. Recent Activities 36
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VII. Conclusion
1. Expected Trends 39
2. Policy Recommendation 40
[Figure Table Chart]
Figure 1. Current Drug Situation 6
Table 1. Arrests by drug type 8
Table 2. Arrests by violation mode 8
Table 3. Arrests by age 9
Table 4. Arrests by occupation 10
Table 5. Drug-related criminal investigators 27
Chart 1. Organizational Structure of National Anti-drug Coordinating Committee 22
Chart 2. Drug Control Structure 25
Chart 3. Penal Provisions 31
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I. Introduction
Historically, Korea has been viewed as a relatively drug-free country compared to the
United States, Japan and other countries worldwide.1) Moreover, drugs are not yet
perceived as a serious social problem in the Korean peninsula.
This is largely the result of the Korean government's policy of severe punishment of
drug-related crimes, including simple drug abuse, in an effort to build a healthy and
drug-free society. Among the positive results of the government's strong policy stance
against drugs, is the opposition of their use by most Koreans.2)
In the 1950s and 1960s, drug-related crimes mainly involved opium and methadone. In
the 1970s it was marijuana, and in the 1980s the use of methamphetamines (particularly
the locally known "philopone") rapidly increased and remains the major drug. 3)
From the end of the 1960s, methamphetamines produced with advanced technology in
Korea were mainly smuggled out to foreign countries. But a crackdown on illicit drug
exports and increasing local production costs due to a total dependence on smuggled-in
raw materials (Ephedrine HCL) made drug-exporting operations difficult. Therefore, the
local market began to absorb a greater quantity of drugs from the late 1980s amid a
widening local distribution network. This had a direct effect of increasing the number of
domestic drug addicts.4)
Drug abuse has expanded to all strata of society since the 1990s, due in part to market
and travel liberalization and the concomitant rise in consumption, as well as the social
unrest, following the recent foreign exchange crisis (1997-1998). Recently, adolescents
as well as students studying abroad have played a key role in expanding the variety of
available drugs, from Yaba, LSD and Ecstasy and other new drugs to potent analgesics
like Nalbuphine HCL. New social problems have begun to appear as a result.5)
Since 1999, over 10,000 drug-related crimes have been uncovered annually and over
100kg of narcotics have been seized each year. Over 80% of all drugs consumed locally
are smuggled in from abroad. Drugs valued at 10 billion won and enough to supply
3,000,000 users simultaneously were smuggled in through the Incheon International
Airport. Judging from these trends, inward drug smuggling through airports will
increase.6)
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Given these circumstances, it is imperative that prosecutors, police, customs officials
and other law enforcement agents make concerted efforts to intensify control activities
and expand public information, education, enlightenment, treatment and re-education.
They must also actively participate in international drug-related forums and exchange
information with other nations in order to strengthen their efforts to stamp out drug-
related crimes.
II. Current Drug Control Situation in Korea7)
1. Overall Trends
Due to their accessible price and increased availability in Korea, drugs have spread not
only to the limited user, but also to all levels of Korean society. The number of drug
addicts is estimated to be 200,000 to 300,000. In the past, Korea was a major producer
of natural and synthetic drugs. But as a result of the strong crackdown on drug crimes
by the government and through publicity activities by NGOs, Korea has been
internationally praised for its success in the fight against drugs. Efforts made at a
national level towards a drug-free society continue. To cope with the increasing threat
of drug-related problems, the Korean drug law enforcement agencies, including the
Prosecution, the Police, the Customs and the Maritime Police, have pulled all their
resources together and have not spared any effort in the international fight against drugs.
Figure 1. Current Drug Situation
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social problem. Regulations on the use of Nalbuphine HCL were enacted in January
2001, however these and relevant enforcement efforts have failed to stop the abuse of
the drugs by adolescents and workers at amusement spots.
3. Summary of Drug Trends in 2002
The number of drug-related arrests in the year of 2002 was 10,673. The total number of
drug offenders, which stood at 700 in 1980, jumped to 4,200 in 1990, exceeded the
10,000 mark in 1999, and surpassed 10,000 in 2002 for the fourth consecutive year.
(Please refer to Table 1 in the Appendix.)
Table 1. Arrests by drug type
YearDrug
1997 1998 1999 2000 2001 2002
Cannabis 1,301 1,606 2,187 2,284 1,482 1,965 Narcotics 1,201 892 923 954 661 790PsychotropicSubstances
4,445 5,852 7,479 7,066 7,959 7,918
Total 6,947 8,350 10,589 10,304 10,102 10,673
When we break down the drug offenders by drug type, the number of psychotropic
substance offenders amount to 74.2% of the total drug offenders in 2002, while
cannabis offenders total 18.4%, and narcotics offenders 7.4%. (Please refer to Table 1.)
Table 2. Arrests by violation mode
YearMode
1997 1998 1999 2000 2001 2002
Manufacturing 11 0 5 8 4 4
Smuggling 161 79 110 190 114 137Trafficking 682 841 1,127 1,178 1,066 1,329
Cultivation 1,150 866 909 983 414 535Use 4,045 5,777 7,321 6,858 7,167 7,251Possession 435 569 744 575 552 549
Others 463 218 373 512 785 868Total 6,947 8,350 10,589 10,304 10,102 10,673
Breaking down the drug offenders by the type of violation, 70.9% (7,251 individuals)
were abusers while 13.8% (1,470 individuals) were supply offenders that included
smugglers, traffickers and manufacturers. Though the number of drug suppliers
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occupies only 13.8% of the total, the rapidly increasing number of drug suppliers for
illegal profits accounts for the escalating drug arrests and widespread drug usage in our
society. (Please refer to Table 2.)
When the drug offender figures are broken down by age, the active working population
between the ages of 20 and 40 makes up about 84.8% of all drug offenders. About
17.8% of those charged with drug crimes were in their 20s, and 40.8% in their 30s and
26.2% in their 40s. But for individuals under the age of 20, the percentage drops to
0.7%. We believe this is because the relatively high price of drugs discourages their use
by adolescents less than 20 years of age. (Please refer to Table 3.)
Table 3. Arrests by age
AgeYear
15 - 19 20 - 29 30 - 39 40 - 49 50 - 59 Over60yr.
N/A Total
1997 67 1,533 2,507 1,238 500 813 289 6,9471998 77 1,936 3,270 1,667 516 509 375 8,3501999 50 2,032 4,260 2,466 622 662 497 10,589
2000 30 1,658 4,155 2,697 595 708 461 10,3042001 24 1,866 4,111 2,667 560 429 445 10,102
2002 79 1,903 4,350 2,796 577 527 441 10,673
When we break down the drug offender figures by occupation, the unemployed
constitute the largest percentage (38.8%). Company employees and people running their
own businesses are next. (Please refer to Table 4.)
What we find irritating, however, is that the group of drug abuse, once considered to be
rampant only among criminals or people in entertainment circles, has pervaded into
common society. Salaried men, students, and housewives, a faction that historically was
considered non-drug users, are nowadays susceptible to the dangers and temptations of
illegal drugs. We believe this would suggest that drug abuse is spreading into everyaspect of our society.
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Table 4. Arrests by occupation
YearOccupation
1997 1998 1999 2000 2001 2002
Total 6,947 8,350 10,589 10,304 10,102 10,673Unemployed 2,424 3,467 4,370 4,121 3,956 4,146
Farmer 834 593 570 540 363 416Self-employed 598 726 823 711 524 648
Merry-making place worker 623 728 1,015 889 875 241Unskilled laborer 232 298 367 423 448 434Office Worker 269 268 381 367 423 1,030
Skilled laborer 151 142 158 212 208 39Medical
professional179 95 150 193 329 288
Driver 113 125 192 183 149 209
Housewife 54 55 87 122 87 78
Entertainer 21 38 48 81 41 10Seaman 34 12 47 40 30 38
Fisherman 13 21 27 30 13 31Student 35 46 45 42 39 64
Others 1,367 1,736 2,309 2,350 2,617 3,001
4. Popular Drugs during Recent Years
(1) Methamphetamine
Methamphetamine, commonly called philopone, is the most serious and the most
popular drug among psychotropic substances in Korea. The methamphetamine situation
in Korea is quite the same as that of our neighboring country, Japan.
China remains the primary source of methamphetamine in the Korean drug market.
Most of the drug smugglers are Korean travelers, but some ethnic Koreans in China
are becoming deeply involved in the drug smuggling business because they can
communicate in both Korean and Chinese.
In addition, some Korean drug supplying organizations have tried to manufacture
methamphetamine on their own in clandestine laboratories located in China, with the
purpose of smuggling it into Korea. The volume of smuggling in each attempt is
growing larger, and the smuggling techniques are becoming more sophisticated. In 2002,
31.3kg of methamphetamine was smuggled to Korea from China, which amounts to
85.8% of the total seizure of 36.8kg. In 2001, that percentage was 87.3%.
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Recently, some brand-new types of harmful club drugs including MDMA have been
widely circulated in Korea. MDMA is mainly smuggled from Europe and North
America, while Yaba is smuggled from Thailand and LSD from the Netherlands. The
volume of the smuggling quantity is still negligible, but the club drug has become
popular among locals, especially young college students.
The wholesale price of methamphetamine for 1kg is about US$50,000 and the going
rate for one usage of methamphetamine is US$75, while one MDMA pill sells for
US$50~80 in Seoul. (US$1=Won1,200) The price of methamphetamine fluctuates
according to the trends of drug smuggling from abroad, mainly China.
(2) Marijuana
Marijuana is the second most abused drug next to methamphetamine in Korea. In the
past, most of the marijuana used in Korea was domestically produced. In recent years,
however, marijuana that has been smuggled from abroad has also been found.
In 2002, Korean authorities seized a total of 194.8kg of marijuana, with 137.8kg
smuggled from South Africa, Swaziland, etc. In 2001, the total of smuggled marijuana
was only 2.1kg and came from Ghana, a country that had no previous drug dealing
record with Korea.
5. Korea as a Transit Point
We are afraid that Korea will be used as a transit point in more smuggling cases. In
November 2001, Korean authorities uncovered 91kg of methamphetamine in a ship of
Chinese registry, which had traveled from Beijing, China to Busan, Korea. The
smuggled drug was concealed with Chinese noodles in the container. The container was
bound for the Philippines.
From February to March 2002, a total of 137.5kg of marijuana was uncovered on 6
different occasions in shipments from South Africa and Swaziland. It was delivered
through a series of smuggling efforts. The final destination for the seized marijuana
turned out to be Japan.
In October 2002, a Russian man carrying about 38,000 MDMA pills was arrested at the
Incheon International Airport. He was supposed to change planes and reach his final
destination, New Zealand, via Korea.
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In the cases above, drug control agencies have taken measures to make personal
contacts with the corresponding countries and achieve good results with the
collaborative investigation.
III. National Drug Control Strategy9)
1. Goals Stipulated by the Government
(1) Goals of Korea's Drug Strategy
In order to actively prevent the illicit drug trade and its abuse, former and present
Governments have been focusing on the four goals; that is, (1) Eradication of Illicit
Drug Supply, (2) Drastic Reduction in Demand for Drugs, (3) Raising Public
Awareness about Drug Problem, (4) Enhancing International Cooperation.
Each of above four goals has been believed to be useful and effective in controlling the
illegal drug supply and increasing drug abusing population. To accomplish the goals
listed above, Korean Government has postulated several sub-goals and objectives to be
encouraged and implemented by various government agencies and non-governmental
organizations.
(2) Goals of Canada's Drug Strategy
A 1998 document, entitled Canada's Drug Strategy(CDS)10), articulates the basic
principles, goals, objectives and components of the strategy, as well as the directions
and priorities of the federal government, addressing the issues related to the use and
abuse of substances such as alcohol, licit and illicit drugs.11)
The overarching principle of Canada's Drug Strategy is that substance abuse is primarily
a health issue. This important principle raises awareness to the fact that the determinants
of health and underlying factors such as housing, employment, social isolation and
education, must be considered when addressing substance abuse problems. As a result,
Canada's Drug Strategy's approach to substance abuse involves action based on four
pillars: control and enforcement, prevention, treatment and rehabilitation, and harm
reduction.12) The long term goal of Canada's Drug Strategy is "to reduce the harm
associated with alcohol and other drugs to individuals, families, and communities."13)
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Reducing the harm associated with alcohol and other drugs is to be accomplished
through five goals and corresponding objectives:
a) Reduce the demand for drugs (Goal 1)
Increase the understanding of risks associated with illicit drug use (particularly among
youth), with particular emphasis on the use of "hard drugs" such as cocaine, LSD, speed
and heroine.
b) Reduce drug-related mortality and morbidity (Goal 2)
Reduce high-risk patterns of alcohol and other drug use, including the inappropriate use
of inhalants, medications, and performance-enhancing sport drugs.
c) Improve the effectiveness of abd accessibility to substance abuse information and
interventions (Goal 3)
Identify and promote best practices in substance-abuse prevention, education, treatment
and rehabilitation.
d) Restrict the supply of illicit drugs and reduce the profitability of illicit drug
trafficking (Goal 4)
Reduce the illegal importation of illicit drugs.
Reduce the reported availability of illicit drugs at the street level. Reduce the ability of persons involved in the supply and trafficking of drugs making
use of the profit from their illegal actions.
e) Reduce the costs of substance abuse to Canadian society (Goal 5)
To achieve these goals and objectives, seven components have been selected to provide
the framework for Canada's Drug Strategy: (1) Research and knowledge development,
(2) Knowledge dissemination, (3) Prevention Programming, (4) Treatment and
rehabilitation, (5) Legislation, enforcement and control, (6) National co-ordination, and
(7) International co-operation.
(3) Goals of Vancouver's Drug Strategy
The City of Vancouver developed A Framework for Action that has been known as a
four-pillar approach to drug problems.14) The Framework for Action includes four major
goals and 36 actions to achieve those goals. The estimated cost of these actions is $20 to
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30 million per year. The four goals of A Framework for Action are: (1) Provincial and
Federal Responsibility, (2) Public Order, (3) Public Health, (4) Coordinate, Monitor and
Evaluation.15)
Provincial and Federal Responsibility
To persuade other levels of government to take action and responsibility for elements of
the framework within their jurisdiction, by encouraging a regional approach to the
development of services, and by demonstrating the city-wide, regional, national and
international implications if the drug problems in Vancouver. This is the overarching
goal and the key element to achieving the following three goals:
Public Order
To work towards the restoration of public order across Vancouver by reducing the open
drug scene (Particularly at Main and Hastings), by reducing the negative impact of
illicit drugs on our community, by reducing the impact of organized crime on
Vancouver communities and individuals, by providing neighborhoods, organizations
and individuals with a place to go with their concerns related to safety, criminal activity,
drug misuse and related problems, and by implementing crime prevention techniques to
increase public safety.
Public Health
To work towards addressing the drug-related health crisis in Vancouver by reducing
harm to communities and individuals, by increasing public awareness of addiction as a
health issue, by reducing the HIV/AIDS/hepatitis C crisis, by reducing overdose deaths,
by reducing the number of those who misuse drugs, and by providing a range of
services to groups at risk such as youth, women, Aboriginal persons, and the mentally
ill.
Coordinate, Monitor and Evaluation.
To advocate for the establishment of a single, accountable agent to coordinate the
implementation of the actions in this framework, and to monitor and evaluate the
implementations through senior representatives of the Vancouver/Richmond Health
Board, the Vancouver Police Department, the City of Vancouver, the BC Center for
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Disease Control, the Ministry for Children and Families, the Office of the Attorney
General, and community representatives.
2. Eradication of Illicit Drug Supply (Goal 1)
(1) Resolute, ceaseless enforcement of relevant laws against drug-offenders
Objectives
Enhancing the capability of expert investigation of drug-related crimes
Complete eradication of drug distribution including production and illegal sale
Blocking smuggling by bolstering surveillance at ports and airports
Stronger cooperation with nations from which drug are smuggled into Korea
Stronger cooperation with drug related offices within the nation
Maintenance of harsh punishments against drug suppliers, and blocking the chance of
the repetition of such crimes
Destruction of the economic basis of drug related criminals by strong enforcement of
punishments, like asset forfeiture or additional collection of tax for illegal profit.
In an effort to enhance the capacity of drug investigations by law enforcement
authorities and actively cope with well-organized and systematically-structured
international drug cartels, a new vice-ministerial-level Narcotics Department was set upon April 23, 2001 within the Supreme Public Prosecutors Office. This Department
serves as both a major policy-making body and a channel for international cooperation.
The Prosecution, Police and Customs Service have been planning to enhance the
capability of expert investigation of drug-related crimes through strengthened
investigation organizations. This has been carried out particularly through the training
of expert investigators, provision of high-tech equipment for investigations,
digitalization of information, and the development of more scientific methods of drug
signature and analysis. Also, to eliminate drug smuggling, actions have been taken for
bolstering the Prosecutions Drug Squads and Joint Drug Investigation Team with the
Prosecution and Customs being stationed at ports and airports. Persistent and thorough
collection of information and stalking investigations has yielded a powerful crackdown.
In the meantime, both the Ministry of Health and Welfare and Korea Food and Drug
Administration have concentrated on the prevention of unauthorized leakage of legal
narcotics through control and management. The relevant government offices have not
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only activated inter-ministry coordination of opinions and policies pertaining to drugs,
but exchanged information and cooperated in investigations.
The Prosecution has also stuck to harsh punishments of drug suppliers by seeking
heavy penalties in court and staying with the present system of depriving them of the
chance of being released on parole, in cooperation with the Correction Bureau.
A powerful crackdown based on the chance of a repetition of such crimes has been
continued by depriving criminals of an economic base. This has been carried out
through asset forfeiture and the additional collection of taxes and penalties through
persistent follow-ups on illegal proceeds earned through drug-related crimes. For this,
wide-ranging preventive procedures have been stipulated in the Special Act against
Illicit Drug Trafficking.
(2) Complete elimination of organized crime syndicates involvement in drug-
trafficking
Objectives
Bolstering the surveillance of organized crime group movements and strengthening
information gathering activities
Complete elimination of organized crime syndicates and their involvement in thedistribution of drugs
Complete investigation of possibility of involvement in drug transactions by
organized crime syndicates
Strengthened cut-off of linkage with foreign drug trafficking
organizations
Sticking to present policy of harsh punishment and the blocking chance of repeat
offenders
Cut-off fund sources and tighten surveillance of money-laundering
Efforts have been concentrated on wiping out organized crime altogether through a
strengthening of crackdowns at the beginning stages and blocking fund sources. Actions
have also been taken for thorough information gathering, monitoring activities and
international cooperation concerning either departure from or arrival to the country of
organized crime syndicates likely to be involved in drug-trafficking, or attempting to
connect with foreign organized crime groups.
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An investigation into organized crime has been made to automatically check to see
whether they were involved in drug-trafficking. Harsher-than-normal punishments have
been sought for drug-trafficking by organized crime. Utmost efforts has been made to
prevent repeat offenders by denying drug-related criminals the chance for parole.
3. Drastic Reduction in Demand for Drugs (Goal 2)
(1) Preventing youth access to drugs
Objectives
Bolstering of activities for prevention of drug abuse and relevant education for youth
by the Ministry of Education, the Ministry of Health and Welfare, Korea Food and Drug
Administration, the Youth Protection Commission and the Korean Association Against
Drug Abuse
Active public relations for the prevention of illegal use of drugs by youth in
cooperation with the mass media, the athletic circle, the entertainment industry and
amusement spots
Bolstering preventive education for youth at juvenile delinquent facilities such as
Juvenile Correctional Institutes or Detention Centers
Strong crackdown and punishment on drug-related crimes perpetrated against ouryouth
It goes without saying that youth drug abuse is a terrible loss not only for the youth, but
for their families and society. This could threaten the foundation of a country. Youth
may sometimes be enticed into drug abuse through a friend.
Drug abuse can be attributed to the ignorance of the bad effects drugs can have, such as
broken families and the indifference of adults.
The relevant government ministries have taken steps to have youths correctly informed
about drugs through school or social education and policies. They have trained expert
counselors and educators and actively developed preventive programs, persuading
youths to avoid drugs all together.
Actions have also been taken to spread public awareness about the dangers of drug
abuse. This has been done in cooperation with the press, sports celebrities and
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entertainment industry, which highly influences youth. Owners of amusement spots has
also been encouraged to participate in such preventive programs. Special education
about the negative effects of drugs at juvenile delinquent-accommodating facilities have
also been bolstered.
The policy of severely punishing offenders engaged in the sale or distribution of drugs
to youth by forcing or encouraging youth to use them, has been continued to be
enforced.
A flexible judicial system has been applied for young drug abusers, based on
comprehensive data such as their criminal records, motives for such actions, and the
chances of resuming to normal life. An option for treatment and rehabilitation instead of
criminal punishment has been given wherever possible.
(2) Carrying out a pan-governmental, comprehensive policy for treatment and
rehabilitation of drug-addicts
Objectives
Development and implementation of programs for treatment,
rehabilitation, relapse prevention, aftercare and social reintegration of drug-addicts
Implementation of a system for national-level treatment and rehabilitation for youngoffenders for inhaling adhesive, thinner or other harmful chemical materials
Flexible judicial action toward drug-addicts
Provision of assistance to help drug-addicts return to normal life, positively utilizing
systems like suspending indictments on the condition of compulsory treatment, and care
and protection for treatment. A heavy case of habitual addiction shall be strictly
subjected to care and custody for treatment
Bolstering information and education for the prevention of drug-abuse and repetition
of crimes at reformatory facilities
The Ministry of Health and Welfare and Korea Food and Drug Administration shall
take actions for improving the capability of treatment and rehabilitation of drug addicts
in cooperation with experts in relevant fields. They shall put an emphasis on the active
promotion of systematic, efficient treatment and rehabilitation programs.
They have also taken positive action for the provision of treatment and rehabilitation
facilities for youth caught in the act of inhaling adhesive, thinner or other harmful
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chemical materials, and actively encourage and support counseling activities on the part
of civilian groups.
In order to promote the social reintegration of drug abuse offenders, judicial action for
drug-addicts has been made flexible, giving priority to treatment rather than criminal
punishment. This has been implemented if treatment and rehabilitation was judged to be
preferable according to each individuals record and in consideration of the dual aspects
of patient and criminal.
In a bid to give users of illegal drugs a chance to rehabilitate themselves, the
Prosecution has designated 3 months each year from April to June since 2001, which
has been extended for one month (each June) in previous years, as the Special Period
for Self-surrender for Illegal Use of Drugs.
Assistance to help drug-addicts to return to normal life, positively utilizing systems like
suspended indictment on condition of compulsory treatment and care and protection for
treatment has been provided. Any extreme case of habitual addiction has been strictly
subjected to care and custody at a treatment facility.
Provision of special education for prevention of drug abuse and repeat offenses has been
geared towards the inmates at reformatory facilities.
4. Raising Public Awareness about Drug Problems (Goal 3)
(1) Raising public awareness about drug problems
Objectives
Encouragement, support and activation of an anti-drug movement on the part of
NGOs, social leaders and the press
Fostering a social atmosphere against drugs, and powerful crackdown on
harmful environments
For more positive public relations and civilian led activities for the prevention of drug-
related crimes, a wide range of social groups, health and community professionals, the
private sector, the mass media and NGOs such as the Korean Association Against Drug
Abuse, have supported and encouraged people to participate.
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Actions have also been taken on a campaign to reign in rampant materialism and
hedonism, together with a full-blown crackdown on illegal amusement spots fostering a
decadent atmosphere.
(2) Establishment of a nationwide cooperation system
Objectives
Stronger establishment of a system of voluntary cooperation such as
reporting criminal actions to authorities
Implementation of a system of rewards and provisions of tight security to those who
make reports
Efforts have been made to persuade people to cooperate and voluntarily report crimes.
The anonymity and safety of reporters of drug crimes have been guaranteed. Vigorous
public relations have also been taken to keep people informed of rewards and contact
numbers for reporting and counseling in drug-related matters.
The Special Period for Self-surrender for Illegal Use of Drugs has been more actively
utilized, encouraging the user to self-surrender or his or her family members, parents,
teachers or medical and paramedical professionals to report.
The Prosecution provides a 24-hour hot line whose number is 127 or 1301 without
district code for drug information from the public. Also, the office set up a reward
system to encourage the public to report any illegal drug activities.
The government has supported civilian anti-drug group movements in cooperation with
the mass media, developing a social atmosphere resistant to drugs in order to raise
public awareness and enhance the publics participation.
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5. Enhancing International Cooperation (Goal 4)
(1) Establishment of an international cooperation system
Objectives
Establishing and Enhancing an international cooperation system including exchange
of information and mutual assistance with foreign government agencies concerned
Solidification of sub-regional cooperation mechanism like ADLOMICO
Considering the fact that most of the drugs distributed in Korea are smuggled from the
outside and that criminals are using Korea as a transit point, it is very important that
efficient surveillance and crackdown techniques be set up at ports and airports. These
have been backed up by the establishment of an international system of mutual
assistance with relevant countries and their relevant agencies for prompt exchange of
information and wide ranging cooperation for joint operations.
In this regard, stronger cooperation has been sought with foreign drug-related agencies.
In September 2000, the Supreme Public Prosecutors' Office established an informal
network composed of working level officials from competent national law enforcement
offices among 6 countries, including China, Japan, the Philippines, Thailand and the
U.S., for the purpose of legal assistance and the exchange of information on drug
investigations. This network has been largely activated so far. Further efforts will also be made for more solid regional cooperation through ADLOMICO, an international
conference against drugs founded in 1989 and operated by the Supreme Public
Prosecutors' Office.
(2) Active international cooperation through international agreements or organizations
Objectives
Faithful observance of drug-related international conventions like the 1988 UN
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances or
resolutions by international organizations
Fostering mutual assistance with and support of activities of drug-related international
organizations like UNODC
Active participation in and contribution to international conferences like UNCND
Korea, a signatory to the 1988 UN Convention and other UN conventions, as well as a
member of UNCND, has taken positive steps to solidify the existing structure for
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international cooperation by making bilateral or multilateral treaties with relevant
nations.
This includes extradition treaties or mutual legal assistance treaties. Resolutions by
international organizations have been thoroughly carried out and activities of
international organizations like UNODC have been supported and assisted.
Korea has also actively participated in international conferences such as UNCND or
HONLEA showing our firm decree and effort to stamp out the use of illegal drugs. And
by doing so, the nation has continued to enhance and publicize its status as a model
nation in eradicating illegal drugs.
IV. Drug Control Structure16)
1 . National Anti-drug Coordinating Committee
In order to coordinate drug-related policies, reduce possible conflicts among the drug
enforcement agencies and to enhance pan national capabilities against internationalized
drug crimes, the National Anti-Drug Coordinating Committee was established upon the
proposal by the Supreme Public Prosecutors' Office in December 2001 under the Office
of Prime Minister.
Chart 1. Organizational Structure of National Anti-drug Coordinating
Committee
National Anti-DrugCoordinating Committee
Working-level Committee
Subcommittee for Investigation,Enforcement, Intelligence
Subcommittee for Treatment,Rehabilitation,Education, Publication
The Committee is headed by Minister of the Office for Government Policy
Coordination. Following are the main functions:
Devising and prompting a comprehensive anti-drug policy
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Enhancing coordination between the agencies and strengthening anti-drug partnership
in such fields as drug-related data sharing, international cooperative investigation,
treatment, rehabilitation, education, publicities, etc.
Health Canada is the leading developer in Canada's Drug Strategy. To coordinate the
Strategy, Health Canada chairs the Assistant Deputy Ministers' Steering Committee on
Substance Abuse and interdepartmental committee such as the Interdepartmental
Working Group on Substance Abuse. Coordination is key to the success of a federal
drug strategy as numerous partners including 14 federal departments, provincial and
territorial governments, law enforcement agencies and addictions agencies, as well as
non-governmental organizations, are all collaborating on Canada's Drug Strategy.17)
2. Public Prosecutors' Office18)
Until 1989, the working structure of the investigation of drug crime had been dualized
as the Police and Ministry of Health and Welfare. The main agency in charge of drug
investigation was the Ministry of Health and Welfare even though they conducted
investigations under the direction of public prosecutors.
Recognizing that this dualized working structure had been an obstacle to effective
investigations, the Government reorganized the drug control structure by establishingthe Narcotics Division within the Supreme Public Prosecutors' Office and the drug
squad in each District Public Prosecutors' Office in February 1989.
Meanwhile, in October 1995, the Supreme Public Prosecutors' Office initiated a new
drug investigation system with increased manpower and budget. About 250 special drug
investigators are now eager to devote themselves to the fight against drugs, as warriors
in the first front.
Furthermore, in April 2001, Narcotics Department was set up within the Supreme
Public Prosecutors' Office (SPPO). The Department has assembled a national drug
investigation unit by coordinating drug cases to prevent duplicate investigations and to
maximize the efforts of the District Public Prosecutors' Office.
In addition, Joint Drug Intelligence Task Force manned by the Prosecution and Customs
was established in the Supreme Public Prosecutors' Office in February 2002. The Task
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Force is to gather and analyze information to detect emerging threats in the rapidly
developing world of drugs.
The Narcotics Department (SPPO) consists of 9 departments; the Department of
Planning & Coordination, Central Investigation, Criminal Affairs, Violent Crimes,
Narcotics, Public Security, Trial & Litigation, Inspection and one Administration
Bureau. Each department and bureau has several divisions which respectively specialize
in specific fields. Among them, the Narcotics Department, as a drug-related policy-
making body and a channel for international cooperation, supervises all the
investigations by the drug squad in each District Public Prosecutors' Office and the
police.
3. National Police Agency
The Korea National Police Agency also play an important role in enforcing the drug
laws. In Korea, the Police initiate the investigation of most criminal cases including
drug cases. However, since the public prosecutors have the authority to supervise and
direct the Police investigation under the Criminal Procedure Act, the Police should
report important cases to the public prosecutors and conduct the investigation under the
instruction of the public prosecutors.
. / np
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Chart 2. Drug Control Structure
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While the drug squads in each Public Prosecutors' Office have concentrated on the
investigation of drug supply such as illicit manufacture and smuggling, the Police have
mainly conducted their investigations on drug abuse. Recently, the Police have been
getting more active in drug control.
Recognizing that the National Police should exert its capacity in controlling illegal drug
trade, the Narcotic Division was set up at the Detective Department in the National
Police Agency in October 2002, with additional deployment of 33 drug crime
investigators to the newly established division.19) Furthermore, the National Police
Agency has tried to concentrate its resources on illegal drug trade control by enlarging
the annual budget, replacing the detection systems, and by emphasizing the education of
drug crime investigators.
4. Other Drug-related Agencies
(1) Customs Service
The Customs officers did not have the power to investigate drug offenses until 1990. In
August 1990, the government vested in Customs officers the authority to investigate
drug offences within the customs area. They now investigate drug offences concerning
smuggling under the direction of public prosecutors.
(2) National Maritime Police Agency
In August 1996, the Maritime Police, which had belonged to the Police before, was
newly instituted as an extra-ministerial agency of the Ministry of Maritime Affairs and
Fisheries. It has the power to investigate those drug crimes which are committed on the
sea.
(3) Ministry of Health and Welfare
The primary responsibility of the Ministry of Health and Welfare is to make policy on
the prevention, treatment and rehabilitation of drug-addicts. They do not have the power
to investigate drug offences.
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(4) Food and Drug Administration
The Korea Food and Drug Administration is responsible for controlling and regulating
legal drugs and precursor chemicals. The other functions are to develop activities on
drug prevention and its public relations, and to perform working-level matters related to
treatment and rehabilitation of drug-addicts.
5. Drug-control Measures and Action Plans20)
Currently, Korea's drug-related criminal investigators consist of 959 police officers, 231
prosecutors, and 275 customs officials, totaling 1,865 persons. As of December 2003,
the National Police Agency has 959 specialized drug-related criminal investigators
operation in the drug sections of 120 metropolitan police departments and 14 mobile
units. This figure reflects a major augmentation of anti-drug manpower, prompted by an
anticipated increase in smuggling of foreign-made drugs during the 2002 World Cup
finals and the growing number of domestic drug abusers.
Table 5. Drug-related criminal investigators
Division
TotalPolice
ProsecutorsCustomsofficials
Persons1,865
959 231 275
Moreover, the police have switched from a user-to supplier-focused approach in their
investigations. To enhance the effectiveness of their operations, the Korean National
Police have established an elite group of 200 investigators who receive specialized
training four times a year. The most competent female police officers working in drug
enforcement have been selected and trained for special field duty involving
investigations of women and adolescents.
Widespread use of mobile drug detectors and other sophisticated equipment has greatly
enhanced the scientific side of drug investigations, while all drug-related criminal
investigators engage in information collection and sharing in the effort to interdict and
eliminate the distribution of illegal narcotics. In close coordination with local
prosecutorial and customs officials, inspections at entry and exit points of airports and
ports have been augmented.
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Through active participation in the UN and various international conferences, Korean
police agencies have been learning and adopting the best measures to deal with the drug
problem. Furthermore, cooperative channels with neighboring countries such as China
and Japan have been established, including multilateral meetings, exchanges of
information, and joint investigation systems for the complete eradication of drug-related
crime.
V. Legislation
1. Act on the Control of Narcotics
Act on the Control of Narcotics has been effective to control cannabis, narcotics and
psychotropic substances since July 1, 2000.21) The former 3 Acts (Cannabis Control Act,
Narcotics Act and the Psychotropic Substances Control Act) dealing with narcotics
issue by kinds was combined into this Act on July 1, 2000.
Such rewards as prescribed by the Presidential Decree shall be paid to any person who
has provided any information on, or made an accusation against a crime, relevant to the
narcotics investigation agency prior to its discovery, or arrested the relevant criminal.22)
Any person who has illicitly supplied the narcotics or drugs for habitual profit-makingshall be punished by death penalty, imprisonment for life or for not less than 10 years.23)
Any person who habitually supply illegal narcotics or drugs shall be punished by
aggravating up to 1/2 of the penalty stipulated for the relevant crimes.24) Any attempt to
commit the drug crimes prohibited by the Act shall be punished.25)
The narcotics, etc., and the relevant facility, equipment, fund or means of transportation
that have been furnished for the crimes as defined by this Act as well as any proceeds
derived therefrom shall be confiscated, provided that, where they are not confiscable,
the value equivalent thereto shall be collected in addition.26)
In case the representative of a corporation, an agent, commercial servant, or other
employee of the corporation or any individual who commits any of the crimes as
prescribed by this Act with respect to the business of narcotics on behalf of the
corporation or the individual, the said corporation or the individual, in addition to the
wrongdoer concerned, shall also be punished by a fine not exceeding 100 million won
(in the case of marijuana, 50 million won), provided that, in the case of the crimes as
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defined in Articles 61 through 65, a fine corresponding to each applicable article shall
be imposed.27)
2. Special Act Against Illicit Drug Trafficking
The purpose of this Act is to prescribe special cases, etc. for the Narcotics Act, the
Psychotropic Drugs Control Act, the Cannabis Control Act, and other related Acts to
seek the repression and prevention of narcotics-related crimes through the prevention of
activities that encourage narcotics-related illegal acts and to seek the effective execution
of international conventions in this regard.28)
This law, which has been effective since December 6, 1995, contains the provisions
concerning money laundering, controlled delivery, asset forfeiture and international
legal assistance. From the beginning, this Act has been prepared to be compatible with
1988 Convention against Drug Abuse and Illicit Traffic in Narcotic Drugs and
Psychotropic Substances.
Notwithstanding the provisions of the Immigration Control Act, in the case where any
immigration control officer receives an application for entry from a foreigner, even
though such foreigner is suspected to be the person who falls under the person set forth
in Article 11 (1) 1 of the Immigration Control Act, he may permit the foreigners entryafter acquiring the approval of the Minister of Justice, upon the request by the Public
Prosecutor declaring the necessity to allow the foreigner to enter the country for the
purpose of investigating narcotics-related crimes since a sufficient surveillance system
has been established to prevent the distribution of narcotics and the escape of
foreigners.29)
Notwithstanding the provisions of the Immigration Control Act, in case where an
immigration control officer receives an application for landing permission from a
foreigner as stipulated under the provisions of Article 14 (1), even though the foreigner
is suspected to be the person who falls under the person prescribed in Article 11 (1) 1 of
the Immigration Control Act, he may permit the foreigners landing after obtaining the
approval of the Minister of Justice, upon the request by the public prosecutor declaring
the necessity to allow the foreigner to enter the country for the purpose of investigating
narcotics-related crimes since a sufficient surveillance system has been established to
prevent the distribution of narcotics and the escape of foreigners.30)
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Any person who harbors or disguises the nature, location, origin, or restoration of illegal
profits for the purpose of hindering the investigation or the detection of narcotics-
related crimes or the source of illegal profits, or avoiding the confiscation of illegal
profits shall be either punished by imprisonment not exceeding 7 years or a fine not
exceeding 30 million won, or both penalties shall be imposed cumulatively.31)
Any person who knowingly accepts the illegal profits shall be either punished by
imprisonment not exceeding 3 years or given a fine not exceeding 10 million won, or
both penalties shall be imposed cumulatively. This shall not apply to such cases where
the person who accepted the illegal profits presented as a performance of obligations
prescribed in Acts and subordinate statutes, or the person who gave and received the
illegal profits presented as a performance of the obligations under a contract (within the
limits of a contract that provides the creditor with a reasonable profit) not knowing the
circumstances that the performance of such obligations would be performed with the
illegal profits at the time of the contract.32)
The properties shall be confiscated in the case where the specified crimes are related to
the property mixed with either illegal profits itself or property generated from illegal
profits. If it is not deemed to be proper to confiscate the whole property as stipulated
under the provisions against the mentioned crimes, part of it may be confiscated. 33)
In the case where the confiscation of the property is deemed to be not proper
considering the propertys nature, status quo of use, existence of rights of other personthan the criminal on the property, or other circumstances, the property may avoid being
confiscated notwithstanding the provisions of paragraph (1).34)
In case where the property, as stipulated under the provisions of illegal property is
mixed with other properties other than the illegal property and the illegal property
should be confiscated, the illegal property (within the limits of the part related to the
mixture) or the equivalent amount or volume of it may be confiscated from among the
property generated by the mixture.35)
In the case where the court has a reasonable ground to find that a property may be
subject to confiscation under this Act, the Narcotics Act, the Psycho-tropic Drugs
Control Act, the Cannabis Control Act and other Acts and subordinate statutes
(hereinafter referred to as the property subject to confiscation), and deems it
necessary to confiscate the property, the court may prohibit the disposition of the
property by issuing an order to preserve the confiscation of the property upon the
request of the public prosecutor orex officio.36)
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In the case where the court has issued or is going to issue the order to preserve
confiscation of the property over which the superficies, hypothec and other rights exist,
if there exists a reasonable ground to judge that the above rights might be extinguished
by the confiscation and it is deemed that the confiscation of the property is necessary, or
if there is a reasonable ground to judge that the above rights are fictitious, then the court
may prohibit the disposition of the rights by issuing a supplementary order to preserve
confiscation additionally upon the request of the public prosecutor orex officio.37)
Chart 3. Penal Provisions
Drug Type
Cannabis Cocaine, Heroin MethamphetaminePenalties
SmugglingSmuggling/Manufacturing/
Trafficking
Smuggling/
Manufacturing
Life sentence orImprisonment
for 5 years or more
Cultivation Possession -Imprisonmentfor 1 years or more
- UseTrafficking/Possession/Use
Imprisonmentfor 10 years or less
Use - -Imprisonmentfor 5 years or less
In the document, in order to preserve confiscation or the supplementary order, the name
of the defendant, the summary of the facts constituting the offense charged, the
provisions of the Acts and subordinate statutes which constitute the basis of the
confiscation, the specification of property or rights of which disposition is prohibited,
the name of the person to whom the property or the rights belong, date of issuance, and
other matters provided by the Supreme Court Rules shall be written, and the judge in
charge shall sign and seal it.38)
3. Anti-money laundering Acts
In November 2001, the new anti-money laundering bills came into effect, by the
Financial Transaction Reports Act and the Proceeds of Crime Act. The laws stipulate
the establishment of the Korean Financial Intelligence Unit (KoFIU), the introduction of
suspicious transactions reporting system and the facilitation of information exchange
with overseas FIUs. Furthermore, the extent of predicate offences has been enlarged to
36 serious crimes.
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The purpose of The Financial Transactions Reporting Act is effectively to cope with an
inflow and outflow of illegal funds (Korean currency transactions or foreign exchange
dealings) which is expected to be on the rise as foreign currency transactions are fully
liberalized, and to prescribe the facts on report and use of information on special
financial dealings needed in regulating money laundering, and thereby to prevent anti-
social criminal activities, and to contribute to the establishment of the order of
transparent financial transactions.39)
Financial Intelligence Units shall be established under the aegis of the Ministry of
Finance and Economy, which is meant to conduct activities of gathering and analyzing
information on dubious financial dealings suspected of being cases of money laundering
and illegal foreign exchange transactions. The Chief of the FIU should annually report
related matters to a regular session of the National Assembly (including number of
cases of receiving reports from financial institutions, the number of cases of providing
information on specific financial dealings for law enforcement agencies, the number of
cases of exchanging information with foreign financial intelligence units, and other
statistics related to the work of FIU).40)
Financial companies that spot dealings worth more than W 50 million or US$ 10,000
but doubt they are criminal in nature (they are suspected of being cases of money
laundering and illegal foreign exchange transactions) are required to report such
dealings to the FIU without delay. Those who violate the provisions of Article 4, shallbe reliable to a non-penal fine of not more than W5million.41)
FIU transfers the information on specific financial transactions to Prosecutor General,
Administrator of the National Taxation Office, Administrator of Customs Office or
when it admits investigation is needed into illegal assets or criminal cases related to
money laundering or infringement of taxation-customs duties, or monitoring financial
business.42)
FIU should provide the information on specific financial transactions only to the
National Election Commission when it ascertains information is related to the facts
against Article 30 prescribed in the Act on Political Funds (A person, a political party, a
corporation, or any organization who gives or takes political funds in a way of not being
provided by the Act)43)
FIU can provide or be given information on specific financial transactions to or from
foreign financial intelligence units in accordance with the principle of reciprocity when
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it admits it needed.44) A staff of FIU or any person engaged in the investigation of
specific criminal cases related to information on specific financial transactions, or of
political funds, should not reveal or provide to others the information on specific
financial transactions which has come to his knowledge in the course of the practice of
his profession. Those who violate Article 9 shall be punished by imprisonment for not
more than 5 years or a fine not exceeding 3 million won.45)
The purpose of The Proceeds of Crime Act is to regulate the disguising and harboring of
illegal profits (money laundering) obtained from specific crimes including organized
crime or flight of capital to overseas. It also serves the purpose of prescribing an
exception to the Criminal Code on the confiscation of illegal profits and collection of
corresponding value, and thereby to prevent anti-social criminal activities, and to
contribute to the elimination of the economic factors which might be conducive to
crimes.46)
Any person who harbors or disguises illegal profits obtained or disposed from the
specific crimes such as organized crime, bribery, smuggling, flight of capital overseas
and illegal political funds, shall be either punished by imprisonment not exceeding 5
years or a fine not exceeding 30 million won. The attempted offense of paragraph (1) of
this Article shall be punishable as well. Any person who prepares or conspires for the
purpose of committing the crimes prescribed in paragraph (1) of this Article shall be
punished by imprisonment not exceeding 2 years or a fine not exceeding 10 millionwon.47)
Any person who knowingly accepts the illegal profits shall be either punished by
imprisonment not exceeding 3 years or a fine not exceeding 20 million won.48) Any
person who is employed by the financial institution shall report, without delay, to the
competent law enforcement agencies when they become aware that the property they
accept in the course of carrying out their duty of illegal profits, or the concerned
counter party of the transaction commits an act that falls under the crimes prescribed in
Article 3. Any person who violates the Article 5 shall be either punished by
imprisonment not exceeding 2 years or fined an amount not exceeding 10 million
won.49)
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VI. International Cooperation
1. Article 64 of the Special Act Against Illicit Drug Trafficking
The Special Act Against Illicit Drug Trafficking contains the clause describing the
international cooperation for effective drug control.50) In the case where a foreign
country has requested cooperation concerning a foreign criminal case against the Act
that falls under narcotics-related crimes in the execution of a final and conclusive
judgment of confiscation or collection, or in the preservation of a property for
confiscation or collection purposes in compliance with a treaty, mutual assistance may
be rendered to the request except where the request falls under specified categories.
a) When confiscating a property where a right such as superficies or hypothec is
exhibited under the Acts and subordinate statutes of the Republic of Korea for the
cooperation of the execution of the final and conclusive judgment of confiscation, if
necessary, such rights shall be maintained.
b) In the case where the trial against the case regarding the cooperation o crime is
pending before a court of the Republic of Korea, or a judgment which has already
been determined, or in the case where the confiscation preservation order or
collection preservation order upon the property subject to the cooperation has
already been issued;
c) In the case where the property is subject to the execution cooperation of a final and
conclusive judgment of confiscation, or is related to the preservation cooperation
request which is aimed at the confiscation, does not fall under a property that may
be preserved for confiscation or adjudged to be confiscated under the Acts and
subordinate statutes of the Republic of Korea;
d) In the case where it is deemed impossible to adjudge collection or to preserve
collection against the cooperation of crime related to execution, cooperation of a
final judgment of collection or related to the preservation cooperation request,
which is aimed at collection under the Acts and subordinate statutes of the Republic
of Korea;
e) In the case where it is found that the third party who has a reasonable ground to be
recognized as the owner of the property that is related to the execution cooperation
request of a final judgment of confiscation, or has the rights including superficies
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and hypothec, over the above property, and is found that he may not claim his rights
at the trial concerned due to the reasons for which he cannot be responsible; and
f) In the case where it is found there exists no reason as stipulated under the provisions
regarding the preservation cooperation aimed at confiscation or collection, provided
that shall not be so, if the preservation cooperation request is based on the
preservation judgment aimed at confiscation or collection, or the request is made
after the final judgment of confiscation or collection sentenced by the court or judge
of the foreign country who requested cooperation.
2. Signing Drug-related International Conventions and Treaties
The Korean Government has implemented its obligations under the three major UN
Conventions as a party to all these conventions, including the 1961 Single Convention
on Narcotic Drugs, 1971 Convention on Psychotropic Substances and the 1988
Convention against Drug Abuse and Illicit Traffic in Narcotic Drugs and Psychotropic
Substances.
When it comes to international cooperation in the fight against drugs, we are taking
every possible measure to promote judicial cooperation, which includes extradition,
mutual legal assistance, and other forms of cooperation.
Extradition is a key tool in judicial cooperation and in 1989 the Korean government
adopted national legislation on extradition and entered into criminal extradition treaties
with 17 countries; Argentina, Australia, Brazil, Canada, Chile, China, Indonesia, Japan,
Mexico, Mongolia, New Zealand, Paraguay, Philippines, Spain, Thailand, Uzbekistan
and the U.S.(as of December 2003)
Also, deeply recognizing that the mutual legal assistance is very essential in making a
global impact against drug trafficking, Korea has adopted national legislation in 1990,
permitting and facilitating cooperation in the field of mutual legal assistance and had
concluded bilateral treaties on legal assistance, in criminal matters with 12 countries;
Australia, Brazil, Canada, China, France, Hong Kong, Indonesia, Mongolia, New
Zealand, Russia, Uzbekistan and the U.S. (as of December 2003)
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3. ADLOMICO
Since April 1989, the Supreme Public Prosecutors' Office has organized quarterly
meetings with drug-related officials from several embassies in Seoul, with the purpose
of strengthening international cooperation and facilitating exchange of information on
international drug crimes.
The meeting was entitled ADLOMICO which stands for Anti-Drug Liaison Officials'
Meeting for International Cooperation. In observing the International Day Against Drug
Abuse and Illicit Trafficking June 26, the June ADLOMICO meeting was extended for
3 days to include not only members of the ADLOMICO in Korea but also executive
drug enforcement officials from their own respective countries as well as working-level
senior officials of the agencies concerned in Korea, and some experts at international
organizations such as UNODC and ICPO.
The extended ADLOMICO meeting, first held in 1990, has been held in a variety of
beautiful places in Korea such as Gyungju, Sokcho, Busan, Jeju and Seoul.
ADLOMICO has developed into an Anti-Drug international conference bringing
together 138 drug-related senior officials from 22 countries and 3 international
organizations at the 12th ADLOMICO, held in Seoul in 2001, compared with the first
meeting with only 25 participants from 5 countries. As of December 2003, membershipincludes 16 countries; Australia, Canada, China, Germany, France, Japan, Malaysia,
Mexico, Philippines, Romania, Russia, Thailand, United Kingdom, Ukraine, the U.S.
and Korea.
4. Recent Activities
(1) Korea-Japan Meeting on Drug Profiling System
In December 2001, a group of drug profiling analysts from the Japan National Police
Agency visited the Drug Signature and Analysis Center of the Supreme Public
Prosecutors' Office, and talked about ways in which to exchange information about the
drug profiling database and to strengthen the cooperation against the internationalized,
organized drug smuggling crimes between two agencies.
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(2) Counter-drug Strategy Conference
A Counter-drug Strategy Conference by the domestic and foreign drug-related agencies
was held at the Supreme Public Prosecutors' Office on January 25, 2002. The
Conference was attended by 50 persons from various drug law enforcement agencies, to
effectively cope with ever internationalized drug crimes. The participants explored ways
for strengthening a cooperative investigation system among the national law
enforcement agencies and reinforcing regional cooperation through sharing experience
and information.
(3) United Nations Commission on Narcotic Drugs
The 45th United Nations Session on the Commission on Narcotic Drugs was held in
Vienna from March 11 to 15, 2002. The Korea delegation consisted of related officials
from the Ministry of Foreign Affairs and Trade, Supreme Public Prosecutors' Office,
Police, Customs Service, Food & Drug Administration, and National Intelligence
Service.
(4) Precursor Chemical Control Seminar
In May 2002, the Precursor Chemical Control Seminar was held for 2 weeks at the
Supreme Public Prosecutors' Office with the support of U.S. DEA. The headquarters ofthe DEA sent diversion experts to Korea for the Korean law enforcement officials'
precursor chemicals training. 64 officials from the Supreme Public Prosecutors' Office,
Police, Customs Service, Food & Drug Administration and CID in the U.S. army
attended and had in-depth discussions on the distribution channel of precursor
chemicals, major control cases and state of the art investigative techniques.
(5) Workshop on regional cooperation to counter ATS
From August 14 to 15, 2002, a Workshop on regional cooperation to counter ATS was
held in Zhongsan, China. 7 countries participated in the Northeast Asian region and
UNODC in Bangkok. The participants exchanged information on the current situation
of precursor chemicals in the Northeast Asian region.
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(6) Meeting of Heads of National Drug Law Enforcement Agencies
The 26th Meeting of the Heads of National Drug Law Enforcement Agencies, Asia and
the Pacific, was held in Bangkok from November 11 to 15, 2002. The Korea delegation
consisted of related officials from Supreme Public Prosecutors' Office, Customs Service,
Police, Maritime Police and Food & Drug Administration.
(7) Director General to Visit NNCC, China
Director General of Narcotics Department Gwark Young-chull visited the National
Narcotics Control Commission (NNCC) from January 13 to 18, 2003. During his visit
to China, bilateral talks with Permanent Deputy Secretary General of NNCC Yang
Feng-rui for discussions on major issues of bilateral interest. During these talks, they
exchanged views on the current situation of illegal drugs and engaged in a wide-range
of discussions on bilateral cooperation in international joint operations on drug crimes.
(8) Asia-Pacific Operational Drug Enforcement Conference
The 8th Asia-Pacific Operational Drug Enforcement Conference was held in Tokyo,
from February 4 to 7, 2003. The 6-member delegation of Korea consisted of related
officials from the Supreme Public Prosecutors' Office, Police and Customs Service.
(9) Korea-Japan Meeting on Narcotic Control
The 17th Korea-Japan Meeting on Narcotic Control of crimes related to illegal drugs
and amphetamine was held in Seoul on March 20, 2003. The 9-member delegation of
Korea consisted of related officials from the Ministry of Foreign Affairs and Trade, the
Supreme Public Prosecutors' Office, Police, Maritime Police, Customs Service and
Food & Drug Administration. Taking this opportunity, the participants exchanged views
on the current situation of illegal drugs and amphetamine used in both countries, and
engaged in a wide-range of discussions on bilateral cooperation in investigation and
regulation of related crimes, as well as future measures, regarding promotion and
treatment in efforts to prevent future misuse of illegal drugs.
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government policy to protect adolescents by amending relevant laws stipulation that
selling drugs to minors will be treated as a capital offense.
But Korea's educational system, wherein students are pitted against each other in
cutthroat competition for high scores on university entrance exams, is seen as a
contributing factor behind many youngsters losing sight of core values and falling prey
to the allure of drugs.
2. Policy Recommendation
The Korean Government has so far devoted itself to carrying out a variety of activities
to rid the country of drugs under the grand proposition of cutting off supply and
reducing demand as measures against drug-related crimes.
As a result, domestic circumstances have improved to such an extent that ordinary
people rarely realize that the nation still suffers from a drug problem. Korea has been
internationally praised for its great success in the fight against drugs.
However, international drug trafficking organizations have always tried to find ways in
which to expand their sphere of activity beyond national boundaries and legal systems,
which means that the drug problem is no longer limited to a single country.
It is also feared that domestic gangs and illegal immigrants might get involved in drug
trafficking. They may also be linked with international criminal organizations and there
is a possibility that more and more people might abuse drugs. This requires stronger and
more effective drug control than ever before.
Despite efforts, there does not seem to be an easy way to completely root out drug
crimes in the near future because smuggling techniques are becoming more
internationalized and diversified than ever before. Drug distribution channels continue
to diversify and trafficking volumes keep getting larger.
Traditionally, the Korean Government has been taking a firm stand against drug
smuggling, abuse, and trafficking. Crime organizations in Korea have generally
refrained from drug trafficking due to the governments aggressive crackdown measures.
In recent years, however, they have begun to get involved in drug trafficking in search
of newer sources of income. Even though these organizations are quite small in scale
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41
and size, the Korean Government is actively conducting clean-up operations so that this
problem may not become more serious in the future.
For these reasons, the Government as a whole should feel more and more, the necessity
and importance of international investigative assistance, including the sharing of
information in the early stages of any case. And hopefully, it should always be ready to
cooperate with foreign investigative agencies to combat against drug use.
[The end]
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Footnotes
1. International Narcotic Control Board, Annual Report for 2002, February 2003,
pp.31- 75.
2. Korean National Police Agency, Drug-related Crimes in Korea: Status and
Countermeasures, 2002, p.3.
3. Sang Hee Kim et al, Korea's Drug Control Policy and Reformative Alternatives,
Research Report (No.91-12), Korean Institute of Criminology, 1991.
4. Ibid.
5. Ibid.
6. Narcotics Department, White Paper on Narcotic Crimes 2002, Supreme Public
Prosecutors' Office, Republic of Korea, April 2003, pp.95-96.
7. Ibid.
8. Korean National Police Agency, Drug-related Crimes in Korea: Status and
Countermeasures, 2002, p.12.
9. Narcotics Department, Drug Control in Korea 2003, Supreme Public Prosecutors'
Office, p.4-9,
10. A Committee comprised of representatives from 11 federal departments and a
number of non-federal partners developed Canada's Drug Strategy.
11. Paddy Torsney, M.P., Policy for the New Millenium: Working Together To Redefine
Canada's Drug Strategy, Report of the Special Committee on Non-Medical Use of
Drugs, December 2002, pp.26-28.12. Ibid.
13. Government of Canada, Canada's Drug Strategy, Health Canada, 1998.
14. City of Vancouver, A Framework for Action: A Four-Pillar Approach to Drug
Problems in Vancouver, April 2001, pp.31-32.
15. Ibid.
16. Narcotics Department, Drug Control in Korea 2003, Supreme Public Prosecutors'
Office, p.10-13,
17. Paddy Torsney, M.P., op. cit., p.27.
The role of the public prosecutor under the criminal justice system of Korea may be
categorized into three fields; investigation, prosecution and other related activities to
prove the crime, and execution of sentence. The the public prosecutors are vested
with sole authority and responsibility for carrying out criminal investigations and
the police are required to conduct such investigations under direction and
instructions of the public prosecutor.
19. Korea National Police Agency, Police White Paper 2003, Chapte 4 Section 2-6.
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43
20. The Korean National Police Agency, Drug-related Crimes in Korea: Status and
Countermeasures, 2002, p.14.
21. ADDENDA of the Act on the Control of Narcotics.
22. Article 54(Rewards),
23. Article 58(Penal Provision) (2),
24. Article 63(Penal Provision) (2).
25. Article 63(Penal Provision) (3).
26. Article 67 (Confiscation).
27. Article 68 (Joint Penal Provision).
28. Article 1 (Purpose).
29. Article 3 (Special Provisions for Entry and Landing Procedure) (1).
30. Article 3 (Special Provisions for Entry and Landing Procedure) (2).
31. Article 7 (Harboring and Disguise of Illegal Profits, etc.) (1).
32. Article 8 (Acceptance of Illegal Profits).
33. Article 13 (Confiscation of Illegal Profits) (1).
34. Article 13 (Confiscation of Illegal Profits) (2).
35. Article 14 (Confiscation of Property Mixed with Illegal Profits, etc.).
36. Article 33 (Confiscation Preservation Order) (1).
37. Article 33 (Confiscation Preservation Order) (2).
38. Article 33 (Confiscation Preservation Order) (3).
39. Article 1(purpose).
40. Article 3 (Financial Intelligence Unit).41. Article 4 (Report by financial institutions to the FIU).
42. Article 7 (Providing information for law enforcement authorities) Clause 1.
43. Article 7 (Providing information for law enforcement authorities) Clause 3.
44. Article 8 (Exchange of information with foreign financial intelligence units).
45. Article 9 and 13 (secrete guarantee of information on financial transactions /and
penalty).
46. Article 1(Purpose).
47. Article 3 (Harboring and Disguise of Illegal Profits, etc.)
48. Article 4 (Acceptance of Illegal Profits).
49. Article 5 (Report by Financial Institutions).
50. Article 64 (Performance of Mutual Cooperation) (1).
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References
1. Sang Hee Kim et al, Korea's Drug Control Policy and Reformative Alternatives,
Research Report(No.91-12), Korean Institute of Criminology, December 1991.
2. Paddy Torsney, M.P., Policy for the New Millenium: Working Together To Redefine
Canada's Drug Strategy, Report of the Special Committee on Non-Medical Use of
Drugs, December 2002.
3. City of Vancouver, A Framework for Action: A Four-Pillar Approach to Drug
Problems in Vancouver, April 2001.
4. Government of Canada, Canada's Drug Strategy, Health Canada, 1998.
5. International Narcotic Control Board,Annual Report for 2002, February 2003.
6. Korea National Police Agency, Police White Paper 2003.
7. Korean National Police Agency, Drug-related Crimes in Korea: Status and
Countermeasures, 2002.
8. Narcotics Department, White Paper on Narcotic Crimes 2002, Supreme PublicProsecutors' Office, Republic of Korea, April 2003.
9. Narcotics Department, Drug Control in Korea 2003, Supreme Public Prosecutors'
Office, March 2003.
10. Act on the Control of Narcotics
11. Special Act Against Illicit Drug Trafficking
12. Financial Transaction Reports Act
13. Proceeds of Crime Act.
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